Textual Amendments
F1Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1
Modifications etc. (not altering text)
C1Pt. 6 applied (25.2.2009) by The Bank Insolvency (England and Wales) Rules 2009 (S.I. 2009/356), rules 1, 270, 271 (with rule 3)
C2Pt. 6 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 122
C3Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 263
C4Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 262
6.44.—(1) This rule applies where a [F2party] wishes to serve the claim form or other document on a State.
(2) In this rule, “State” has the meaning given by section 14 of the State Immunity Act 1978.
(3) The [F3party] must file in the Central Office of the Royal Courts of Justice—
(a)a request for service to be arranged by the Foreign and Commonwealth Office;
(b)a copy of the claim form or other document; and
(c)any translation required under rule 6.45.
(4) The Senior Master will send the documents filed under this rule to the Foreign and Commonwealth Office with a request that it arranges for them to be served.
(5) An official certificate by the Foreign and Commonwealth Office stating that a claim form [F4or other document] has been duly served on a specified date in accordance with a request made under this rule is evidence of that fact.
(6) A document purporting to be such a certificate is to be treated as such a certificate, unless it is proved not to be.
(7) Where—
(a)section 12(6) of the State Immunity Act 1978 applies; and
(b)the State has agreed to a method of service other than through the Foreign and Commonwealth Office,
the claim form or other document may be served either by the method agreed or in accordance with this rule.
(Section 12(6) of the State Immunity Act 1978 provides that section 12(1) enables the service of a claim form or other document in a manner to which the State has agreed.)]
Textual Amendments
F2Word in rule 6.44(1) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(u)(i)
F3Word in rule 6.44(3) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(u)(i)
F4Words in rule 6.44(5) inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(u)(ii)